Through my legal work both on the Central Louisiana Pro Bono Project and with the Children in Need of Care juvenile court program, I have encountered numerous grandparents raising their grandchildren. That is often done informally (no legal documents prepared). However, I encourage and recommend formal legal documents be prepared where possible which would involve the parent officially signing over custody and the court approving the custodial agreement
Grandparents as Custodians of Their Grandchildren
By: Maria A. Losavio
Through my legal work both on the Central Louisiana Pro Bono Project and with the Children in Need of Care juvenile court program, I have encountered numerous grandparents raising their grandchildren. That is often done informally (no legal documents prepared). However, I encourage and recommend formal legal documents be prepared where possible which would involve the parent officially signing over custody and the court approving the custodial agreement. This can be done without the parties ever having to appear in court if everyone is in agreement.
With the court approved custodial papers, a grandparent then has the legal authority to make everyday decisions concerning such matters as healthcare, education and discipline. For the child to attend school in the school zone where the grandparent lives, such custody papers are required by Rapides Parish School Board for example. Another great advantage of having that legal document is that the parent cannot threaten to take the child away on a whim.
Alternatively, if the parent will not sign over full custody, the parent may be willing to sign a Mandate which allows for temporary custody. The main reason a Custody by Mandate is done is for school purposes so the child can live with the grandparent and attend the zoned school. The disadvantage to the Custody by Mandate is that a new one will need to be signed by the parent every year as it is only valid for one year. For that one year period, the grandparent would have custody rights enabling the grandparent to make educational and medical decisions as well as discipline.
Grandparents raising their grandchildren do have a local support group that meets monthly for encouragement and provides information through various guest speakers. Indeed, local volunteer attorneys will be providing free legal advice and preparing simple wills and power of attorneys free of charge for grandparents at the March 12th meeting at the Pentecostals of Alexandria from 11:00 am – 1:00 pm. For more information about this “Grandparents as Parents” program, please contact Joyce Fitzgerald (Volunteer coordinator) who can be reached at (318) 443-1232.
Should you have any questions or need any assistance regarding a legal issue, Maria Losavio and Losavio Law Office, LLC offers personal and caring services to our clients and we can be reached at (318) 767-9033. We are located at 1821 MacArthur Drive (near the traffic circle) in Alexandria, Louisiana. Our initial consultation is always free of charge. Protect your legal rights by obtaining the proper legal advice of an experienced attorney.
Disclaimer: THE READER OF THIS ARTICLE SHOULD SEEK LEGAL COUNSEL BEFORE USING THIS INFORMATION. BY PROVIDING THE INFORMATION IN THIS ARTICLE, THE AUTHOR IS NOT PROVIDING LEGAL ADVICE, BUT MERELY INFORMATION.
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